USA v. $19,466.37 in United States Currency

Filing 20

FINAL ORDER OF FORFEITURE re: 19 Motion for Forfeiture of Property. Judgment of forfeiture of $14,000.00 of defendant $19,466.37 in United States Currency shall enter in favor of the United States. The United States shall have full and legal title to the forfeited $14,000.00, and may dispose of it in accordance with law and in accordance with the terms and provisions of the parties Settlement Agreement. A Certificate of Reasonable Cause, which this Order constitutes, is granted as to all of defendant $19,466.37 in United States Currency pursuant to 28 U.S.C. §2465, by Judge John L. Kane on 08/02/2010.(wjc, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-01894-JLK-MJW UNITED STATES OF AMERICA, Plaintiff, v. $19,466.37 IN UNITED STATES CURRENCY, Defendant. _____________________________________________________________________________ FINAL ORDER OF FORFEITURE ______________________________________________________________________________ THIS MATTER comes before the Court on the United States' Unopposed Motion for Final Order of Forfeiture, the Court having reviewed said Motion FINDS: THAT the United States commenced this action in rem pursuant to 21 U.S.C. 881; THAT all known parties have been provided with an opportunity to respond and that publication has been effected as required by Supplemental Rule G(4); THAT sole claimant Brian J. Burt, through counsel Erik G. Fischer, Esq., has filed a Verified Notice of Claim and Answer to the Verified Complaint; THAT the United States and sole claimant Brian J. Burt through Erik Fischer, Esq., have reached a settlement in this case, and have filed a Settlement Agreement with the Court resolving all issues in dispute; THAT no other claims to the defendant property have been filed; THAT upon agreement of the parties, claimant Brian J. Burt agrees to forfeit $14,000.00 of defendant $19,466.37 in United States Currency, which funds will be forfeited pursuant to 21 U.S.C. 881 and disposed of in accordance with law; THAT upon agreement of the parties, the United States has agreed to return to claimant Brian J. Burt, the remaining $5,466.37 of defendant $19,466.37 in United States Currency; THAT it further appears there is cause to issue a forfeiture order under 21 U.S.C. 881. NOW, THEREFORE, IT IS ORDERED, DECREED AND ADJUDGED: THAT judgment of forfeiture of $14,000.00 of defendant $19,466.37 in United States Currency shall enter in favor of the United States; the United States shall have full and legal title to the forfeited $14,000.00, and may dispose of it in accordance with law and in accordance with the terms and provisions of the parties' Settlement Agreement; and THAT a Certificate of Reasonable Cause, which this Order constitutes, is granted as to all of defendant $19,466.37 in United States Currency pursuant to 28 U.S.C. 2465. SO ORDERED this 2nd day of August, 2010. BY THE COURT: s/John L. Kane JOHN L. KANE, SENIOR JUDGE UNITED STATES DISTRICT COURT JUDGE 2

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